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continued alimony agreement after remarriage

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from Tennessee

my ex-husband and I divorced in 2000. The final order was in Feb. 2000. My ex agreed to pay me alimony for 15 years
in bi-monthly payments beginning feb. 15 and then on the 1st and the 15th thereafter. We were married for 12 years.

Last October, my ex & I were headed to court over some contempt issues of things that he was not living up to in our divorce agreement. Two days before the court date, we met in my attorney's office, he with his att'y & a court reporter. We settled on 5 issues. One of those issues was that my ex agreed to continue to pay me alimony even if I remarried for a period of 5 years. Everyone agreed it was settled so the court date was cancelled. My att'y told us that she'd have the paperwork drawn up for us to sign within a week.

My ex and I each acted as though the agreement had already been signed by acting on and carrying out the terms of our settlement.

However, my attorney never got around to drawing up the papers. I tried very hard to get in touch with my att'y by phone calls, messages, etc. Sometimes calling 3 times
a day, but to no avail. I left a message for her that I was about to remarry and I needed the papers signed. In Nov. I remarried, and my ex was aware of the remarriage on the day it happened. He continued to pay me alimony up until this past Feb. Now he says that since he didn't sign an agreement, there was no agreement. We are going back to court, but in your opinion, do I have a leg to stand on? My att'y told me that it was all her fault, she just never got around to doing the paperwork. I paid her $1750.00 in full when I first hire her.

Next, I would like to know can I sue this attorney for neglect or malpractice. Because of her mistake or failure to do her job, I now stand to lose $500.00 a month or a total of $30,000.00? Thank you very much. Donna



My God

Sounds to me like you are trying to suck this guy dry. If you are getting married again, hell even if you arent, support yourself.

Hopefully you can sue your lawyer and leave your poor ex alone


GrAfFiX2 - I really feel your post inappropriate!

None of us has any idea of the full extent of Donna's divorce settlement and as such, you have no right to make caustic comments.

Her question boiled down to - the husband verbally agreed, in front of 2 lawyers and a court reporter, to pay her alimony even if she remarried. He has stopped paying and she wants to know what she can do about it given the fact that her lawyer, despite saying she would, failed to raise the necessary paperwork and follow through with it.

Also, she wants to know if she has a claim due her lawyer's negligence.

We're not here to judge whether it was fair or not!



And a good evening to you GrandmaB.

I'm now enjoying a pleasant visit to your fair land and I've yet to catch up with my reading. Although, I have noted that there are those amongst us who have been enjoying some "light refreshment" and have caught a "show" or two in my absence!

How come I'm never around when there's a party underway? <giggle!!!>

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